MANOR HILLS, INC. v. COUNTY OF DUTCHESS


147 A.D.2d 460 (1989)

Manor Hills, Inc., Appellant-Respondent, v. County of Dutchess, Respondent-Appellant, et al, Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 6, 1989


Ordered that the order is affirmed insofar as appealed and cross-appealed from, with costs payable by the plaintiff to the defendant County of Dutchess.

Even assuming that notice of the tax sale was constitutionally defective, the five-year period of limitation for alleging a jurisdictional or constitutional defect expired on January 7, 1985, five years after expiration of the 36-month redemption period. Since the instant action was not commenced until March 1987...

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